Question: Stewart indicated that a certain document doesn't contain the phrase Wall of Separation. What part of this document is the basis for the implied powers of the body which has the power to remove a justice from the highest tier court?
Context: Document 1: Supreme Court of the United States: The Constitution provides that justices ``shall hold their offices during good behavior ''(unless appointed during a Senate recess). The term`` good behavior'' is understood to mean justices may serve for the remainder of their lives, unless they are impeached and convicted by Congress, resign, or retire. Only one justice has been impeached by the House of Representatives (Samuel Chase, March 1804), but he was acquitted in the Senate (March 1805). Moves to impeach sitting justices have occurred more recently (for example, William O. Douglas was the subject of hearings twice, in 1953 and again in 1970; and Abe Fortas resigned while hearings were being organized in 1969), but they did not reach a vote in the House. No mechanism exists for removing a justice who is permanently incapacitated by illness or injury, but unable (or unwilling) to resign.
Document 2: Separation of church and state in the United States: The court noted that it "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America." The lone dissenter, Justice Potter Stewart, objected to the court's embrace of the "wall of separation" metaphor: "I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."
Document 3: Israel: Israel has a three-tier court system. At the lowest level are magistrate courts, situated in most cities across the country. Above them are district courts, serving as both appellate courts and courts of first instance; they are situated in five of Israel's six districts. The third and highest tier is the Supreme Court, located in Jerusalem; it serves a dual role as the highest court of appeals and the High Court of Justice. In the latter role, the Supreme Court rules as a court of first instance, allowing individuals, both citizens and non-citizens, to petition against the decisions of state authorities. Although Israel supports the goals of the International Criminal Court, it has not ratified the Rome Statute, citing concerns about the ability of the court to remain free from political impartiality.
Document 4: Implied powers: Implied powers, in the United States, are powers authorized by the Constitution that, while not stated, seem implied by powers that are expressly stated. When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the classic statement for implied powers. Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the ``general welfare clause ''and the`` necessary and proper clause'' gave elasticity to the Constitution. Hamilton won the argument with Washington, who signed the bank bill into law.
Answer: ``general welfare clause ''and the`` necessary and proper clause''
Reasoning steps: What is the highest tier? Answer: Supreme Court
who has the power to remove a Supreme Court justice Answer: Congress
Stewart pointed out that the phrase "Wall of separation" was nowhere to be found in what? Answer: the Constitution
what part of the the Constitution is the basis for the implied powers of #2 Answer: ``general welfare clause ''and the`` necessary and proper clause''